How to handle a tenant refusing access?

Reply to the comment left by Harlequin at 03/07/2024 - 14:02
With respect, the tenant isn't party toi the issues, it's the leaseholder who has the contractual issues. The tenant is entitled to quiet enjoyment and may just not want to have any involvement in what's going on - she may well say it's not her problem! Not everybody wants to give unrestricted access to their property.

If I rented (or owned) a flat and the management wanted keys, they would not get them.

It sounds like you really need to get the leasehodler on board.

Reply to the comment left by Graham Bowcock at 03/07/2024 - 16:58
closing comments now - I think a number have misunderstood. This is a building plagued with issues that the RTM have been dealing with, the management company employed could not have done as much as we have - fire safety, heating, gas leaks, water leaks, blockages, failed doors, failed lifts you name it we have it.
We've taken legal advice, if the tenant refuses to either provide a key or lock changed (extreme until taken in context I know) - the leaseholder will be held responsible for damage caused that could have been prevented by having immediate access.
Quiet enjoyment is fine - until you are presented with the myriad of issues we have had to deal with. If something does go wrong - heating goes off, hot water goes off, this tenant is the first to complain.
Of course there is another question - how do buildings get a sign off when they are plagued with problems all from shoddy work.......

It is a legal right under ECHR Act the Human Rights Act to Peace and Enjoyment of your property and that means the RTM acting on behalf of the Lessor /Landlord has no right of entry unless an emergency and the Leaseholder cannot reasonably refuse.
The Act also includes the Human right to proper accounts in accordance with the obligations in the lease.

Just because you want to finish your project to address years of poor management and bring the services up to date, it does not alter the rights of the leaseholder, or their tenant.

You say the council are giving you a hard time over the heating system and there are several fire safety issues. If this is so, the council, the block insurers and fire risk assessor should be directed to ask the lessee to arrange with their tenant for access to carry out the relevant inspections and associated works.

If access is not forthcoming, then you will either have to wait for the tenant to move out or invest in further legal advice.

Apply to the court for in injunction to gain access

Reply to the comment left by Rod at 04/07/2024 - 18:35
As RTM we are the people with ultimate safety responsibility. We are not now pushing the issue for access but it is not just a question as some responders have implied of wanting a nose around, or harass a tenant, or of it happening on a regular basis. All others leave a key with the concierge (they find it very handy when they lock themselves out) - it is a building that needs major compartmentation works, and has leaking gas and water pipes, electrics also have been an issue. If anyone on here is dealing with fire safety issues brought on by cladding and compartmentation problems you may understand but I have raised the non qualifying landlord subject a number of times on here and had absolutely no comment. Having access to carry out immediate repairs does mitigate any further damage - it is happening - and no one else in 101 flats has objected and we have needed emergency access on a number of occasions - 24 hrs notice doesn't do it. Every flat has a linked heat and smoke alarm if it goes off we have to go in - or the Fire Brigade, so far all have been false alarms so fingers crossed that there will never be a live fire - Our solicitor is on board and upfront that the law is always on the side of the tenant (we all know that) and in these times of fire safety issues as mentioned things have changed. However let's keep our fingers crossed that no issue comes from her flat - and all is well. If not we are allowed to break in which is a bit extreme given a key would have done the job. We have no interest ini her, her belongings or what she does in the flat.The leaseholder is happy for the key to be kept by the concierge - so she changed the locks, he gave consent for the locks to be changed again, to enable a spare key. We are not approaching this without leaseholders consent.
Just seen a comment to apply to the court for access - we are looking at emergency access only - it's all over by the time that happens.

You are an ATM company and each leaseholder also in addition to holding their lease to their flat under provisions of their lease is also a shareholder with obligations under ATM company memorandum & articles.
You put to the shareholders as freeholders a proposal regarding structural repairs which are not service charge under the lease. It was proposed in order to gain access to each LH’s own flat/property to facilitate repairs free and open access to unknown workman at all times. This resolution was passed by all shareholders as required by joint ownership as beneficial owners of the freehold interest held in trust in the RTM. The shareholders are the beneficial owners of the company a separate legal entity and directors must act in accordance with the decisions of shareholders who share ownership of the freehold interest held in trust.Directors must not act outside their role on their own account and breach trust law and company law.
DID THE SHAREHOLDERS AGREE, ALL OF THEM ?AND MINUTED?

I think I'll leave this now, it's getting a little weird - it is and always has been for emergency access only. Many kind people have gone off on unnecessary tangents. Keys wiith conciege happens in all blocks where I have a unit or two and never been an issue until now - but it is not any more, the leaseholder has had to sign that he takes responsibility for refused access with notice, or refused access in an emergency.

We are RTM not ATM btw.

Reply to the comment left by Kizzie at 06/07/2024 - 16:09
RTM Directors do not need to consult with leaseholders for structural repairs or for it to be decided by a resolution passed by members of the RTM company.

Also structural repairs would come under service charges as repairs and maintenance.

Recent advice by Brady solicitors re similar situation for a management company regarding flooding from a flat causing damage to lower level flats is to obtain an injunction against leaseholder as an alternative to forfeiture. But legal advice should be obtained from solicitors specialising in leasehold law. Many claim to be but few are.